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UNITED STATES v. RICKS

Nos. 83-5060(L), 83-5061 to 83-5064, 83-5066 and 83-5081.

802 F.2d 731 (1986)

UNITED STATES of America, Appellee, v. Thomas Calvin RICKS, a/k/a Joe Dancer, Appellant. UNITED STATES of America, Appellee, v. James A. CARTER, Appellant. UNITED STATES of America, Appellee, v. Marcell MOFFATT, a/k/a Black Barney, Appellant. UNITED STATES of America, Appellee, v. Stanley RODGERS, Appellant. UNITED STATES of America, Appellee, v. Kerney William LINDSEY, a/k/a Wilco, Appellant. UNITED STATES of America, Appellee, v. Beatrice ROBERTS, Appellant. UNITED STATES of America, Appellee, v. Maurice David KING, a/k/a Peanut, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided October 2, 1986.

Attorney(s) appearing for the Case

Ransom J. Davis (H. Russell Smouse, Harry J. Matz, Melnicove, Kaufman, Weiner & Smouse, P.A., Baltimore, Md., on brief) for appellant James A. Carter.

Stuart R. Blatt, Baltimore, Md., for appellant Beatrice Roberts.

W. Gary Kohlman (Kohlman & Fitch, Kenneth Michael Robinson, Washington, D.C., on brief) for appellant Maurice David King.

James B. Moorhead, Asst. U.S. Atty. (Breckinridge L. Willcox, J. Frederick Motz, U.S. Attys., Baltimore, Md., Stephen Bailey, Second Year Law Student, on brief) for appellee.

Before WINTER, Chief Judge, RUSSELL, WIDENER, HALL, PHILLIPS, MURNAGHAN, SPROUSE, ERVIN, CHAPMAN, and WILKINSON, Circuit Judges, sitting in banc.

HARRISON L. WINTER, Chief Judge:

These appeals have been reheard in banc. We conclude that the judgments of conviction for all defendants must be reversed and they must be granted new trials.

I.

The facts are set forth in the panel opinions and need not be repeated here. United States v. Ricks, 776 F.2d 455 (4 Cir.1985). The panel majority ruled that the district court committed reversible error when it failed...

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